Special Needs Trusts - Disability Definitions
Following are brief definitions or descriptions of key terms relating
to Social Security SSI and other government benefit programs that
should be understood in creating or administering a
special
needs trust in Utah. This page is not intended to be taken as
legal advice. If you or someone you care about is disabled or has
special needs, a special needs trust may be an important part of a
comprehensive estate plan.
Contact
us today to see how we can help create a custom
estate
plan for you.
Disability and Government Programs - Key Terms &
Definitions
DISABILITY – under the standards used to determine eligibility for
assistance for SSDI or SSI, “disability” refers to a physical
or mental impairment that results in the inability to perform
substantial gainful employment. The condition must last or be
expected to last for at least 12 months or to result in death.
CATEGORICALLY NEEDY – for purposes of discussing special needs trusts,
“categorically needy” generally refers to a person who is “disabled”
(as defined for SSI eligibility purposes), blind, or over the age of 65.
SOCIAL SECURITY DISABILITY INSURANCE (SSDI) – a government benefit
available to an individual with a disability who is entitled to receive
benefits either because of his/her own work history prior to becoming
disabled or as a dependent or survivor of a disabled, retired, or
deceased insured worker. These benefits are not means-tested.
SUPPLEMENTAL SECURITY INCOME (SSI) – a government benefit available to
an individual who is is disabled, blind, or over the age of 65 who has
limited income and assets. SSI eligibility rules are also used to
determine eligibility for other government programs.
MEDICARE – a health care program operated and funded by the federal
government, available to all those age 65 and over (if also entitled to
receive Social Security benefits) and those under 65 who have received
SSDI benefits for at least two years. These benefits are not
means-tested.
MEDICAID – a health care program run by state governments, with partial
funding from the federal government. In Utah, a person who
qualifies for SSI should automatically qualify for
Medicaid.
Learn More:
Finding an Estate Planning and Trusts Lawyer in Utah
We work directly with each client to create personalized estate plans that can include a
living trust,
will,
special needs trust,
durable power of attorney,
and other documents or estate planning tools. If you have never
established an estate plan, or if you have an existing plan that needs
review and updating,
contact us today to see how a qualified
estate
planning attorney can help you.
Estate Planning - Setting up a good estate plan requires more than filling out a free online form or downloading software. But a good estate plan does not have to be overly expensive. A good attorney can guide you through the process of determining what estate planning tools are right for you and your family, and then create personalized estate planning documents to protect you and your family, and give you the peace of mind you deserve.
Contact us today to start the process of setting up a personalized estate plan.
Estate Planning »
Criminal Defense -
A criminal conviction can carry serious consequences. If you are facing criminal prosecution in Utah, the assistance of an experienced criminal defense attorney can give you the best chance of raising a successful defense. Stephen Howard has years of experience successfully defending serious criminal charges ranging from capital murder to DUI.
Contact us today to see what the right attorney can do for you.
Criminal Defense
»
Family Law - The legal issues involved in Utah family law cases are some of the most important and personal issues you may ever face. Whether you are facing divorce, trying to obtain guardianship for a loved one, making plans to adopt, addressing child custody, support, alimony, or other legal matters relating to your family, choosing the right attorney to help you is a critical decision.
Contact us to get the help you need.
Family Law
»